Helena White

Introduction & Contact details

Helena joined Hardwicke after successfully completing pupillage at 3 Serjeants’ Inn and has a busy court and paper practice in both Claimant and Defendant work.

Whilst at 3 Serjeants’ Inn, Helena gained considerable experience in all aspects of medical law, including high value negligence claims and inquests. At Hardwicke, Helena has continued to build on this experience and has broadened her practice to incorporate all areas of personal injury litigation.

Qualifications

• University Undergraduate Degree – University of Oxford, University College, Lit Hum, BA (Hons
• CPE – City University
• BVC - ICSL
• Middle Temple Benefactors’ Scholar

Professional Associations

• PIBA 

DDI: 0207 691 0112
E:     helena.white@hardwicke.co.uk

Commercial

After developing a thriving insurance practice, Helena’s workload has lately expanded to encompass broader commercial matters and she accepts instructions across the spectrum of Hardwicke’s commercial work.

Helena recently spent three months on secondment to the legal department of Veolia Water plc, where she gained significant experience of all aspects of utilities work and, in particular, the department’s commercial and corporate work, focussing on large construction contracts.

Construction & Engineering

As a result of her time with Veolia, Helena has developed a particular interest in construction contracts and is eager to build her construction and engineering practice.

Helena has been involved in drafting and advising in relation to several large contracts, including:

• Drafting a Framework Agreement relating to multi-lay contracts, worth £1.5 million as a key sub-contractor of the National Grid;
• Reviewing and assisting in the negotiation of a £7.5 million contract relating to the water supply to a major nuclear site. Negotiation included a dispute as to the terms upon which the parties could agree to a parent company guarantee, which required a review of the company’s policy on this issue;  
• Advising on and drafting a Contract relating to multi-lay infrastructure at a wind farm; and
• Advising in relation to the required form of a sub-contract agreement between two subsidiaries providing different aspects of a design, build and operate contract.

Helena’s construction practice continues to grow and she has experience of acting in a number of construction matters, representing Employers, Contractors and Professionals including:

• Defects claims;
• Party Wall Act etc disputes.

Helena also combines her knowledge of the construction industry with her extensive experience of injury work and is able to provide a full service to construction clients in relation to Health & Safety matters (see below).

Utilities

Whilst seconded to Veolia Water plc, Helena gained a broad experience of the water, sewerage and waste disposal industries, including public procurement and regulatory issues.

Helena has been involved in advising a statutory undertaker appointed to an inset area in relation to the termination of a Private Finance Initiative contract with the MOD.

Banking, Finance & Credit

Helena has a wide range of experience acting on behalf of banks, lenders and financial institutions as well as on behalf of consumers and borrowers. The mainstay of her work revolves around consumer credit and mortgage proceedings and Helena is happy to accept instructions in relation to cheques, bonds guarantees and other instruments.

Helena advises and appears frequently on such matters, including a wide range of interim applications, particularly applications for summary judgment, and at small and fast track trials.

Arbitration

In connection with her commercial and construction practice, Helena accepts instructions to act as an advocate in all forms of commercial dispute resolution.

Police Law

Helena acts for the police in various civil matters. She is especially interested in proceedings under the Proceeds of Crime Act 2002, relating to the seizure and forfeiture of cash, including appeals to the Crown Court.

Helena is instructed to act for the police in judicial review proceedings. Recent cases have included a JR concerning the issue of whether a first application for the detention of cash to the Magistrates’ Court had been made within 48 hours of seizure and whether the police acted lawfully in seizing certain vehicles that had not been declared as “off road”.

She is also experienced in all aspects of Forced Marriage Protection Order proceedings, including resisting and applying for disclosure of material from Children Act proceedings.
 
Helena has successfully represented the police in applications to obtain Football Banning Orders, which required legal argument as to whether the court could let in previous spent convictions, and in appeals to the Crown Court in relation to revoked shotgun licences.

Insurance

Helena undertakes a broad range of insurance funded work and is also well placed to act for and advise insurers and assureds in relation to policy coverage and avoidance disputes.

Helena is, in appropriate cases, happy to act on a conditional fee agreement basis.

Professional Indemnity

Helena has experience of a diverse spectrum of professional liability work, acting for and against solicitors, construction professionals, surveyors and other professionals and is keen to develop this aspect of her practice.

Helena was involved recently in acting in a matter relating to negligent advice as to a defective lease.

Health & Safety

Helena has experience of acting in a wide range of claims arising out of accidents in the workplace. She is conversant in the relevant statutory regulations and has been involved in claims arising out of working at height, defective work equipment, manual handling and dangerous work premises.

Helena’s health and safety practice overlaps with her construction work and her experience of construction matters is invaluable in dealing with injuries on site.

Clinical Negligence

Helena has a particular interest in clinical negligence and medical malpractice claims. She has been involved in drafting a wide range of pleadings and schedules of loss and has frequently assisted in advising on complex issues of liability and quantum.

Recent Work:

Helena drafted a Defence on behalf of the Marie Stokes clinic in respect of a claim arising out of the termination of a pregnancy, which included denying vicarious liability for the doctor responsible for carrying out the procedure because he had been employed on a sessional basis only. The Defence enabled the Clinic to protect its position in settlement negotiations.

Helena drafted a Defence to a claim arising out of an alleged failure to advise about the risks of a breast augmentation procedure as well as advising at an early stage about whether to pursue the manufacturers of the breast implants as a Part 20 Defendants.

Employers' Liability

Helena has experience of a wide range of claims arising out of accidents in the workplace. She is conversant in the relevant statutory regulations and has been involved in claims arising out of work at height, defective work equipment and dangerous work premises. She recently assisted in a case which concerned the question of whether a volunteer could be deemed to be an employee for the purposes of the Health and Safety at Work Act 1974 and concomitant regulations.

Occupiers' Liability

Helena has experience of acting for both Claimants and Defendants in claims arising out of occupier’s liability.
 
Helena is currently representing an occupier in a claim brought by a contractor, who fell through floor boards at a property that was being renovated.

Road Traffic

Helena has experience of acting for Claimants and Defendants in road traffic claims at all levels and at all stages of proceedings.

Helena is regularly instructed in:

• Claims involving the Motor Insurer’s Bureau
• Claims involving an insurer’s liability under the Road Traffic Act 1988
• Credit Hire claims

Personal Injury

Helena has a broad personal injury practice, which includes road traffic accidents, clinical negligence/medical malpractice, claims relating to highways, employers’ and occupiers’ liability, health and safety, holidays and carriage by air under the Montreal Convention.

Helena represents Claimants and Defendants at all stages of proceedings, from interim applications and case management conferences to trials, infant settlement and other final hearings as well as inquests.
 
Helena is instructed by Claimants and Defendants to draft pleadings and advise on issues of quantum and liability. She is happy to give advice on all aspects and at all stages of a claim.

Inquests

Helena has been involved in representing both the family of the deceased and interested parties at Inquests. She is careful to handle the inevitably difficult situations that arise with sensitivity, whilst also being aware the potential significance of the outcome in related civil or criminal proceedings.

Recent Work:

Helena represented the family of the deceased in a four day inquest into a death from alleged exposure to Legionnaire’s Disease. This inquest required Helena to gain an in-depth understanding of the legal requirements relating to the proper maintenance of industrial cooling towers.